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Contents (2012 - 5)
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Marine Pollution Act 2012 No 5
Current version for 6 January 2017 to date (accessed 20 February 2020 at 09:53)
Part 11
Part 11 Record keeping
Division 1 Requirement to carry oil record book
113   Requirement to carry an oil record book
(Regs 17.1 and 36.1 of Annex I of MARPOL) (cf former Act s 11 (2) and (4))
(1)  The master and the owner of a prescribed ship are each guilty of an offence if the ship does not carry on board an oil record book that complies with this Division.
Maximum penalty:
(a)  in the case of an individual—$22,000, or
(b)  in the case of a corporation—$110,000.
(2)  In proceedings for an offence against this section in relation to a ship, it is sufficient for the prosecution to allege and prove that the ship is a prescribed ship and that it was in State waters without an oil record book that complies with this Division on board.
(3)  In this section:
prescribed ship means an oil tanker, or a ship that has a gross tonnage of 400 or more, that is:
(a)  a trading ship proceeding on an intra-state voyage, or
(b)  an Australian fishing vessel proceeding on a voyage other than an overseas voyage, or
(c)  a pleasure vessel.
114   Form of oil record book
(Regs 17.4 and 36.5 of Annex I of MARPOL) (cf former Act s 11 (3))
(1)  An oil record book must contain the matters prescribed by the regulations.
(2)  An oil record book must make provision for:
(a)  a signature in relation to each entry made in it, and
(b)  a signature on each page of it.
115   Language of oil record book
(Regs 17.4 and 36.5 of Annex I of MARPOL) (cf former Act s 11 (6) (a))
(1)  The oil record book on an Australian ship must be written in the English language.
(2)  The oil record book on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.
(3)  However, if that official language is not English, French or Spanish, the oil record book must also be translated into English, French or Spanish.
116   Master must sign completed page of oil record book
(cf former Act s 11 (7))
The master of the ship must sign each page of the ship’s oil record book as soon as possible after it is completed.
Maximum penalty: $22,000.
117   Entries in relation to prescribed operations or occurrences
(Regs 17.4 and 36.5 of Annex I of MARPOL) (cf former Act s 11 (5))
(1)  The master of a ship in relation to which an operation or occurrence prescribed by the regulations occurs:
(a)  must make appropriate entries in the English language in the ship’s oil record book without delay, on the date of the event, or
(b)  must cause appropriate entries to be made without delay in the English language in the ship’s oil record book on the date of the event.
Maximum penalty: $22,000.
(2)  The master of the ship must ensure that any entry made in relation to an operation or occurrence prescribed by the regulations is signed by the officer or other person in charge of the operation on the date of the operation or occurrence.
Maximum penalty: $22,000.
(3)  In this section:
appropriate entry means an entry prescribed by the regulations.
118   Entries in relation to inspections
(Regs 17.1 and 36.8 of Annex I of MARPOL)
An inspector who inspects a ship must, without delay, make entries prescribed by the regulations in the ship’s oil record book in the English language.
119   False entries in oil record book
(Regs 17.7 and 36.8 of Annex I of MARPOL) (cf former Act s 12)
A person must not make an entry that is false or misleading in a material particular in the oil record book of a ship.
Maximum penalty: $22,000.
120   Oil record book to be retained on ship for one year
(Regs 17.6 and 36.7 of Annex I of MARPOL) (cf former Act s 13)
The owner of a ship is guilty of an offence if the ship’s oil record book:
(a)  is not retained on the ship until at least the expiration of a period of one year after the day on which the last entry was made in the book, and
(b)  is not made readily available for inspection at all reasonable times until at least the expiration of that period.
Maximum penalty:
(a)  in the case of an individual—$22,000, or
(b)  in the case of a corporation—$110,000.
121   Oil record book to be retained
(Regs 17.6 and 36.7 of Annex I of MARPOL) (cf former Act s 13)
(1)  The owner of a ship must ensure that the ship’s oil record book is, at least until the expiration of a period of two years after the day on which the last entry was made in the book:
(a)  retained:
(i)  on the ship, or
(ii)  at the registered office in the State of the owner, or
(b)  if the owner does not reside in the State and does not have an office or agent in the State, deposited with an officer prescribed by the regulations for the purposes of this section.
Maximum penalty:
(a)  in the case of an individual—$22,000, or
(b)  in the case of a corporation—$110,000.
(2)  The owner of a ship must ensure that the ship’s oil record book is made readily available for inspection at all reasonable times at least until the expiration of the period referred to in subsection (1).
Maximum penalty:
(a)  in the case of an individual—$22,000, or
(b)  in the case of a corporation—$110,000.
(3)  The owner of a ship who resides in the State, or has an office or agent in the State, may from time to time furnish to an officer prescribed by the regulations for the purposes of this section notice, in writing, of an address, being the address of:
(a)  the place in the State at which the owner so resides, or
(b)  the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or
(c)  the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent.
(4)  For the purposes of this section, the registered office of an owner of a ship is the place or office of which an address is furnished for the time being under subsection (3) as the registered office in the State of the owner of the ship.
122   Master may be required to certify entry in oil record book
(Regs 17.7 and 36.8 of Annex I of MARPOL)
The master of a ship must, if required to do so by an inspector:
(a)  provide the inspector with a copy of any entry in the oil record book for the ship specified by the inspector, and
(b)  certify that the copy of the entry is a true copy, in the manner required by the regulations.
Maximum penalty: $22,000.
123   Admissibility of certified entry in oil record book
(Regs 17.7 and 36.8 of Annex I of MARPOL)
An entry in an oil record book certified by the master of a ship is admissible in any proceedings for an offence under this Act as evidence of the facts stated in the entry.
Division 2 Requirement to carry cargo record book
124   Requirement to carry cargo record book
(Reg 15.1 of Annex II of MARPOL) (cf former Act s 21 (2) and (4))
The master and the owner of a ship that is certified to carry noxious liquid substances in bulk are each guilty of an offence if the ship does not carry a cargo record book that complies with this Division.
Maximum penalty:
(a)  in the case of an individual—$22,000, or
(b)  in the case of a corporation—$110,000.
125   Form of cargo record book
(Reg 15.1 of Annex II of MARPOL) (cf former Act s 21 (3))
(1)  A cargo record book must contain the matters prescribed by the regulations.
(2)  A cargo record book must make provision for:
(a)  a signature in relation to each entry made in it, and
(b)  a signature on each page of it.
126   Language of cargo record book
(Reg 15.4 of Annex II of MARPOL) (cf former Act s 21 (7) (a))
(1)  The cargo record book on an Australian ship must be written in the English language.
(2)  The cargo record book on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.
(3)  However, if that official language is not English, French or Spanish, the cargo record book must also be translated into English, French or Spanish.
127   Master must sign completed page of cargo record book
(Reg 15.4 of Annex II of MARPOL) (cf former Act s 21 (8))
The master of a ship must sign each page of the ship’s cargo record book as soon as possible after it is completed.
Maximum penalty: $22,000.
128   Entries in relation to prescribed operations or occurrences
(Reg 15.2 of Annex II of MARPOL) (cf former Act s 21 (5))
(1)  The master of a ship in relation to which an operation prescribed by the regulations is carried out, or an occurrence prescribed by the regulations occurs, must:
(a)  make appropriate entries in the English language in the ship’s cargo record book, without delay, on the date of the operation or occurrence, or
(b)  cause appropriate entries to be made in the English language in the ship’s cargo record book, without delay, on the date of the operation or occurrence.
Maximum penalty: $22,000.
(2)  The master of a ship must ensure that, if an entry is made in relation to an operation or occurrence prescribed by the regulations, the entry is signed by the officer or other person in charge of the operation on the date of the operation or occurrence.
Maximum penalty: $22,000.
(3)  In this section:
appropriate entry means an entry prescribed by the regulations.
129   Entries in relation to inspections
(Reg 15.6 of Annex II of MARPOL) (cf former Act s 21 (6))
An inspector who inspects a ship must, without delay, make appropriate entries in the ship’s cargo record book in the English language.
130   False entries in cargo record book
(Reg 15.6 of Annex II of MARPOL) (cf former Act s 22)
A person must not make an entry that is false or misleading in a material particular in the cargo record book of a ship.
Maximum penalty: $22,000.
131   Cargo record book to be retained on ship for one year
(Reg 15.5 of Annex II of MARPOL) (cf former Act s 23)
The master and the owner of a ship are each guilty of an offence if the ship’s cargo record book:
(a)  is not retained on the ship at least until the expiration of a period of one year after the day on which the last entry was made in the book, and
(b)  is not made readily available for inspection at all reasonable times at least until the expiration of that period.
Maximum penalty:
(a)  in the case of an individual—$22,000, or
(b)  in the case of a corporation—$110,000.
132   Cargo record book to be retained for two years
(Reg 15.5 of Annex II of MARPOL) (cf former Act s 23)
(1)  The owner of a ship must ensure that the ship’s cargo record book is, at least until the expiration of a period of two years after the day on which the last entry was made in the book:
(a)  retained:
(i)  on the ship, or
(ii)  at the registered office in the State of the owner, or
(b)  if the owner does not reside in the State and does not have an office or agent in the State, deposited with an officer prescribed by the regulations for the purposes of this section.
Maximum penalty:
(a)  in the case of an individual—$22,000, or
(b)  in the case of a corporation—$110,000.
(2)  The owner of a ship must ensure that the ship’s cargo record book is made readily available for inspection at all reasonable times at least until the expiration of the period referred to in subsection (1).
Maximum penalty:
(a)  in the case of an individual—$22,000, or
(b)  in the case of a corporation—$110,000.
(3)  The owner of a ship who resides in the State, or has an office or agent in the State, may from time to time furnish to an officer prescribed by the regulations for the purposes of this section notice, in writing, of an address, being the address of:
(a)  the place in the State at which the owner so resides, or
(b)  the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or
(c)  the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent.
(4)  For the purposes of this section, the registered office of an owner of a ship is the place or office for which an address is furnished for the time being under subsection (3) as the registered office in the State of the owner of the ship.
133   Master may be required to certify entry in cargo record book
(Reg 15.6 of Annex II of MARPOL)
The master of a ship must, if required to do so by an inspector:
(a)  provide the inspector with a copy of any entry in the cargo record book for the ship specified by the inspector, and
(b)  certify that the copy of the entry is a true copy, in the manner required by the regulations.
Maximum penalty: $8,800.
134   Admissibility of certified entry in cargo record book
(Reg 15.6 of Annex II of MARPOL)
An entry in a cargo record book certified by the master of a ship is admissible in any proceedings for an offence under this Act as evidence of the facts stated in the entry.
Division 3 Requirement to carry garbage record book
135   Requirement to carry garbage record book on board ship
(Reg 9.3 of Annex V of MARPOL)
(1)  The master and the owner of a large ship are each guilty of an offence if the ship does not carry a garbage record book that complies with this Division.
Maximum penalty:
(a)  in the case of an individual—$5,500, or
(b)  in the case of a corporation—$22,000.
(2)  However, the master and the owner of a ship the subject of a waiver under section 137 do not commit an offence in relation to a voyage by the ship of one hour or less in duration.
136   Requirement to carry garbage record book on platform
(Reg 9.3 of Annex V of MARPOL)
The owner of a platform must ensure that a garbage record book that complies with this Division is carried on the platform.
Maximum penalty:
(a)  in the case of an individual—$5,500, or
(b)  in the case of a corporation—$22,000.
137   Minister may waive requirement to carry garbage record book
(Reg 9.4 of Annex V of MARPOL)
The Minister may, on application in writing from the master or the owner of a large ship that is certified to carry more than 15 persons, waive the requirement to carry a garbage record book in relation to any voyage by the ship of one hour or less in duration.
138   Form of garbage record book
(Reg 9.3 of Annex V of MARPOL)
(1)  A garbage record book must contain the matters prescribed by the regulations.
(2)  A garbage record book must make provision for:
(a)  a signature in relation to each entry made in it, and
(b)  a signature on each page of it.
139   Language of garbage record book
(Reg 9.3.a of Annex V of MARPOL)
(1)  The garbage record book on an Australian ship must be written in the English language.
(2)  The garbage record book on a foreign ship must be written in the official language of the country whose flag the ship is entitled to fly, or in one of the official languages of that country.
(3)  However, if that official language is not English, French or Spanish, the garbage record book must also be translated into English, French or Spanish.
140   Master must sign completed page of garbage record book
(Reg 9.3.a of Annex V of MARPOL)
The master of a ship must sign each page of the ship’s garbage record book as soon as possible after it is completed.
Maximum penalty: $5,500.
141   Entries in relation to prescribed operations or occurrences
(Reg 9.3 of Annex V of MARPOL)
(1)  The master of a ship in relation to which an operation prescribed by the regulations is carried out, or an occurrence prescribed by the regulations occurs, must:
(a)  make appropriate entries in the English language in the ship’s garbage record book, without delay, on the date of the operation or occurrence, or
(b)  cause appropriate entries to be made without delay in the English language in the ship’s garbage record book on the date of the operation or occurrence.
Maximum penalty: $22,000.
(2)  The master of a ship must ensure that any entry made in relation to an operation or occurrence prescribed by the regulations is signed by the officer or other person in charge of the operation on the date of the operation or occurrence.
Maximum penalty: $22,000.
(3)  In this section:
appropriate entry means an entry prescribed by the regulations.
142   Entries in relation to inspections
(Reg 9.5 of Annex V of MARPOL)
An inspector who inspects a ship must, without delay, make appropriate entries in the English language in the ship’s garbage record book.
143   False entries in garbage record book
(Reg 9.5 of Annex V of MARPOL)
A person must not make an entry that is false or misleading in a material particular in a garbage record book of a ship or platform.
Maximum penalty: $22,000.
144   Garbage record book to be retained on ship for one year
(Reg 9.3.c of Annex V of MARPOL)
The master and the owner of a ship are each guilty of an offence if the ship’s garbage record book:
(a)  is not retained on the ship at least until the expiration of a period of one year after the day on which the last entry was made in the book, and
(b)  is not made readily available for inspection at all reasonable times at least until the expiration of that period.
Maximum penalty:
(a)  in the case of an individual—$5,500, or
(b)  in the case of a corporation—$22,000.
145   Garbage record book to be retained
(Reg 9.3.c of Annex V of MARPOL)
(1)  The owner of a ship must ensure that the ship’s garbage record book is, at least until the expiration of a period of one year after the day on which the last entry was made in the book:
(a)  retained:
(i)  on the ship, or
(ii)  at the registered office in the State of the owner, or
(b)  if the owner does not reside in the State and does not have an office or agent in the State, deposited with an officer prescribed by the regulations for the purposes of this section.
Maximum penalty:
(a)  in the case of an individual—$5,500, or
(b)  in the case of a corporation—$22,000.
(2)  The owner of a ship must ensure that the ship’s garbage record book is made readily available for inspection at all reasonable times at least until the expiration of the period referred to in subsection (1).
Maximum penalty:
(a)  in the case of an individual—$5,500, or
(b)  in the case of a corporation—$22,000.
(3)  The owner of a ship who resides in the State, or has an office or agent in the State, may from time to time furnish to an officer prescribed by the regulations for the purposes of this section notice, in writing, of an address, being the address of:
(a)  the place in the State at which the owner so resides, or
(b)  the office in the State or, if there is more than one office in the State, the principal office in the State of the owner, or
(c)  the office or place of residence in the State of the owner’s agent or, if the agent has more than one office in the State, the principal office in the State of the agent.
(4)  For the purposes of this section, the registered office of an owner of a ship is the place or office for which an address is furnished for the time being under subsection (3) as the registered office in the State of the owner of the ship.
146   Master may be required to certify entry in garbage record book
(Reg 9.5 of Annex V of MARPOL)
The master of a ship must, if required to do so by an inspector:
(a)  provide the inspector with a copy of any entry in the garbage record book for the ship specified by the inspector, and
(b)  certify that the copy of the entry is a true copy, in the manner required by the regulations.
Maximum penalty: $8,800.
147   Admissibility of certified entry in garbage record book
(Reg 9.5 of Annex V of MARPOL)
An entry in a garbage record book certified by the master of a ship is admissible in any proceedings for an offence under this Act as evidence of the facts stated in the entry.